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Expungements

Expungements

Expungement in Illinois is a legal process that allows individuals to clear or seal their criminal records under certain conditions. This can be beneficial for those who want to move on from past mistakes and improve their chances of employment, housing, and other opportunities. Here’s a general overview of how the process works:

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Types of Relief

  • Expungement: This process allows you to completely erase the record of an arrest or conviction. It is typically available for cases where charges were dropped, or you were found not guilty. Certain misdemeanors and low-level felonies may also be expunged.
  • Sealing: Sealing is a process that hides the record from public view, but it remains accessible to certain entities, like law enforcement or potential employers conducting background checks. This option is generally available for convictions of certain misdemeanors and some felonies.

Eligibility Requirements

  • Arrests: If you were arrested but not charged, or if the charges were dismissed or resulted in a not guilty verdict, you may be eligible for expungement.
  • Convictions: Eligibility for expungement or sealing of convictions depends on the nature of the offense and how much time has passed since the conviction. Some offenses are eligible for sealing but not expungement.

Process

  • Obtain Your Records: Request copies of your criminal records from the Illinois State Police or local police departments.
  • Review Eligibility: Check if your case is eligible for expungement or sealing. This can often be done using online tools provided by the Illinois State Police or by consulting with an attorney.
  • File a Petition: Prepare and file a petition for expungement or sealing with the court. This involves completing specific forms and may require a filing fee.
  • Await Decision: After the hearing (if required), the court will decide whether to grant your petition.
  • Notify Agencies: If granted, you'll need to notify various agencies to update their records accordingly.

Timeframe

The process can vary in length, but generally, it might take several months to over a year from filing the petition to the final decision.

Legal Assistance

While you can navigate the expungement process on your own, many people find it helpful to work with an attorney who specializes in criminal law to ensure all procedures are correctly followed and to improve the chances of a successful outcome. The attorneys at Brandenburg & Rees, LLP can provide specific advice tailored to your situation and provide detailed guidance based on the specifics of your case. The materials provided on this website are for informational purposes only. These materials do not, and are not intended to, constitute legal advice.
Common Queries Answered

Frequently Asked Questions

At Brandenburg & Rees, LLP, we handle the following types of cases: Injury Cases
  • Wrongful Death
  • Nursing Home Negligence
  • Automobile Accidents
  • Trucking Accidents
  • Slip and Falls
  • Motorcycle Accidents
  • Police Brutality/Section 1983 Claims
  • Worker’s Compensation Claims
  • Mediation and Arbitration Services
  • Uninsured/Underinsured Motorist Claims
Family Law
  • Divorce and Child Custody Cases
  • Parentage
  • Guardianships
  • Maintenance and Child Support Modification
  • Adoptions
  • Mediation Services
Criminal Law
  • Misdemeanor and Felony Cases
  • DUI (Driving Under the Influence)
  • Traffic Citations – including for those holding CDLs
Expungements Estate Planning
  • Wills
  • Transfer on Death Instruments
  • Power of Attorney
Evictions
You can schedule a consultation with one of our attorneys by calling us at (217) 854-2602. You can also leave send us a message through the website and one of our team members will contact you to arrange a time to meet with one of our attorneys.
At your initial consultation, you will meet with the attorney who will handle your case. You will explain your situation. The attorney will likely ask you further questions and then recommend a course of action. Occasionally, the attorney may need more information in order to assess your situation and make an appropriate recommendation. We usually tell clients, the more information you have at the initial consultation, the better. However, oftentimes we meet with clients who are emotional, confused, injured, or are not sure exactly what documentation to bring to the initial consultation. Do not be concerned if you do not have the necessary information at the initial consultation. We will guide you on what documentation we need and, oftentimes, can assist in obtaining the necessary items.
At the consultation, the attorney will explain the law applicable to your situation and discuss the strengths and weaknesses of your specific case.
We, like most other law firms, typically handle personal injury type cases on a Contingency Fee Basis. This means, we advance all the costs necessary to pursue your case including the filing fees, fees for obtaining medical records and bills, court reporter fees and transcripts, expert fees, and any other necessary fees. On these types of cases, we get paid when you get paid. We take a percentage of the recovery which is usually one-third of the recovery. We will also recoup our costs out of the recovery. However, if we do not obtain a recovery, you owe us nothing.

For other types of cases, we either charge an hourly fee or a flat rate, depending on the type of case. We strive to keep our rates reasonable and within the range of that charged other attorneys in the area.
It depends on the specific circumstances of your case. Some matters we can resolve in weeks or months whereas others can take years. Some of the factors that can influence the time it takes to resolve your case include:
  • The time it takes to obtain all the necessary information and documentation
  • The time it takes for any required investigations
  • The Court’s schedule
  • The schedules of any necessary experts
  • The degree of litigation required including whether the case settles, goes to trial, or is appealed
We recognize that most clients want their case resolved as soon as possible. We make every effort to keep your case moving forward in an expeditious manner.